DEC Decision Notice

JTM Architecture The Basement 16 Derby Road Douglas Isle Of Man IM2 3ET Isle Of Man IM4 7PZ

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Isle Of Man Islamic Association, Ref 20/01064/GB, for the Alterations to front door, installation of a bin / bike store, creation of a rear access ramp and additional use of office (class 2.1) to other community facilities (class 4.3)(in association with 20/01065/CON) at 20 Finch Road Douglas Isle Of Man IM1 2PS.

Any conditions or notes which apply to the approval are set out below. This approval is subject to compliance with any conditions listed and may not be implemented until it becomes final (see guidance notes).

• 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• 2. The uses hereby approved shall only be undertaken in accordance with the floorplans as shown on drawings JTM 1920-P-03 Rev A (date stamped as having been received 02.12.20) and JTM 1920-P-04 (date stamped as having been received 15.09.20)

Reason: For the avoidance of doubt and to ensure that the application takes place in accordance with the approved plans.

• 3. The proposed cycle parking, disabled parking provision and bin storage facilities must be installed in accordance with JTM 1920-P-05 Rev A and JTM 1920-P-06 Rev A (both date stamped as having been received 22.10.20) prior to the approved use commencing, and shall be retained as such thereafter. Reason: To ensure that the facilities are provided prior to the use commencing.
• 4. No amplification equipment to be used except for in the prayer rooms/social space.

Reason: the religious needs of the local Muslim community needs to be balanced against potential impact on the amenities of neighbouring occupiers.

• 5. The office use within the building may only be undertaken in association with the overall use of the building as an Other Community Facility - Class 4.3 of the Town and Country Planning (Use Classes) Order 2019. Reason: To clarify the basis of the approval.

This approval relates to: the submitted documents, planning statements, design and access statements, product information and drawing no. JTM1920-P-00, JTM1920-P-01, JTM1920-P-02, JTM1920-P-04, JTM1920-P-07, JTM1920-P-08 date-stamped as having been received on 15th September 2020; drawing no. JTM1920-P-05A and JTM1920-P-06A date-stamped as having been received on 22nd October 2020, drawing no. JTM1920-P-03A and parking survey date-stamped as having been received on 2nd December 2020.

This decision has been made for the following reasons(s) The application is considered to comply with Strategic Policy 1, Strategic Policy 2, Strategic Policy 10, General Policy 2, Environment Policy 32, Environmental Policy 33, Community Policy 2 and Transport Policy 7 of the Strategic Plan.

Date of Issue: 14th December 2020

Director of Planning and Building Control

Guidance Note

This decision was made by the Planning Committee in accordance with the authority delegated to it.

This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.

Implementation The decision does not become final until either

•  Any appeal has been concluded; or
•  21 days have passed since the date on this notice and no appeal has been submitted

Development must progress in accordance with the plans approved under, and any conditions attached to this approval (irrespective of any changes that may separately be requested at the Building Control stage or by any other Statutory Authority). This approval does not remove the need to also comply with any other relevant legislation.

Any conditions requiring certain works, submissions etc. prior to commencement of development must be fulfilled prior to work starting on site. Failure to adhere to this approval and meet the requirements of all conditions may invalidate this approval or result in formal enforcement action.

Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain:

•  the grounds for making the appeal;
•  payment of the planning appeal fee (currently £285); and
•  if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £100). Where the appeal is submitted by the applicant they must:
•  specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and
•  Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance. If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.

Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated.

An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal

If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within thirty days following the last date on which a planning appeal can be made it will be destroyed without further notice.